The 189 visa Australia and 190 visa Australia visas are a pathway to permanent residency in Australia for skilled workers, and the key difference between the two is that while a skilled nominated visa requires nomination by the Government, an independent visa needs an invitation for the same.
Skilled Independent visa subclass 189 (Points -Tested Stream)
The skilled independent visa (189 visa Australia) gives you benefits like:
- You are eligible to stay and work in Australia
- You can sponsor eligible relatives to apply for permanent residence
- You can become a permanent resident of Australia if you pass all the eligibility criteria.
Eligibility criteria to apply for the 189 visa Australia:
1. Visa Requirement
To apply for this Visa you must hold either of the following:
- Bridging visa A-BVA-(subclass 010)
- Bridging visa B-BVA-(subclass 020)
- Bridging visa C-BVA-(subclass 030)
- A substantive visa
If the last substantive visa you held or currently the visa you are holding was either:
- Skilled employer-sponsored regional (provisional)(subclass 494)
- Skilled work regional (provisional) (subclass 491)
It is a must that while you hold one of these visas that they remain valid as you apply for the Skilled Independent visa subclass 189.
2. Receive Invitation to Apply
Before applying for this visa, check to see if you’ve been invited to apply for it. As part of the application, you must submit an EOI or Expression of Interest to determine your interest in applying for the visa. After you make this submission, you will be ranked against other intending applicants. Based on this, you might be invited for the visa, and if issued, invitations are issued through SkillSelect.
3. Pass suitable skills assessment
When you get an invitation to apply for this visa, ensure you have a suitable skills assessment. Provide a copy of your Skills Assessment along with your application.
4. Age criteria
When you get the invitation to apply for this visa, you should be under 45 years. If you turn 45 after submitting EOI but before getting the invitation to apply, you will be ineligible. After receiving the invitation, if you turn 45, you can still apply for the visa.
5. Minimum score
As soon as you submit your EOI in SkillSelect, you will be allotted an indicative score. To get an invitation to apply for this visa, the score should be a minimum of 65. If you get an invitation, the invitation will state a score you should be getting when your application is assessed. This score can be higher than 65. It will depend on the claims you made in your EOI.
6. Competent English
To prove your competence in English
You should obtain the required score in any of the following English tests:
- IELTS: minimum score of 6 for all 4 components
- TOEFL iBT: minimum score of 12 for listening, 13 for reading, 18 for speaking and 21 for writing
- PTE Academic: minimum score of 50 for all 4 components
- OET: minimum B grade for all 4 components
- Cambridge C1 advanced test: minimum score of 169 for all 4 components
Note: Citizens and valid passport holders of the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland do not need to provide evidence of competent English.
7. Occupation
There is a list of occupations provided for the Skilled Independent Visa Point-Tested stream. Your occupation should be a part of the list.
8. Health requirement
You and any of your family accompanying you to Australia must pass the health examinations conducted by the panel doctors.
9. Character requirement
You and all your family members above the age of 16 years(even if they are not accompanying you to Australia should meet all character requirements provided in section 501 of the Migration Act 1958.
10. Cleared debts
If you or any of your family members (even if they did not apply for the visa) are in debt to the Australian Government, you must either pay it back or arrange to do the same.
11. Sign the Australian Values Statement
If you are over 18 years old, read the “Life in Australia” booklet. Sign a value statement confirming that you will follow the Australian lifestyle and obey all Australian laws.
12. No previously canceled or refused a visa
You must not have a canceled or refused visa previously since your immigration history will be assessed while considering your visa application.
Skilled nominated visa (subclass 190)
The skilled nominated visa (190 visa Australia) gives you benefits like:
- You can live in Australia permanently and work and study here without restrictions.
- You will get access to Australia’s public healthcare scheme (Medicare)
- Your eligible relatives can apply for permanent residency in Australia under your sponsorship.
Eligibility criteria to apply for the 190 visa Australia:
1. Visa Requirement
To apply for this Visa you must hold either of the following:
✔ Bridging visa A-BVA-(subclass 010)
✔ Bridging visa B-BVA-(subclass 020)
✔ Bridging visa C-BVA-(subclass 030)
✔ A substantive visa
2. Invitation to apply
You must be nominated by the state or territorial government of Australia to apply for this visa. Submit a complete Expression of Interest in SkillSelect. State and government agencies will evaluate your completed EOI and might nominate you to apply for the visa. All state and government authorities have their own criteria for nomination. You can directly contact the state or territorial agency to understand their requirements and meet them. If the state or territory agency withdraws your nomination after you have applied, your application becomes invalid.
3. Age criteria
- Age between 18-25: 25 points
- Age between 25- 33: 30 points
- Age between 33-40- 25 points
- Age between 40-45- 15 points
4. English language skill criteria
- Competent English- 0 points
- Proficient English- 10 points
- Superior English- 20 points
5. Experience in skilled employment
Your occupation should be listed in the nominated skilled occupation list or should be a closely related skilled occupation. You should be employed in the relevant occupation in the ten years before being invited to apply.
Overseas Skilled Employment criteria: (Employment outside Australia)
- Less than 3 years: 0 points
- 3-5 years: 5 points
- 5-8 years: 10 points
- Minimum 8 years: 15 points
Australian Skilled Employment criteria: (Employment within Australia)
- Less than 1 year: 0 points
- 1-3 years: 5 points
- 3-5 years: 10 points
- 5-8 years: 15 points
- Minimum 8 years: 20 points
6. Educational Qualification
You will receive the following points based on your highest qualification either from an Australian educational institution or any other institution of a recognized standard:
- Doctorate: 20 points
- Bachelor’s degree:15 points
- Diploma or trade qualification:10 points
- Award or qualification in your nominated skilled occupation recognized by the assessing authority in your nominated skilled occupation: 10 points
You will only receive the points of the Doctorate, if you have obtained a PhD and not if you are in an occupation that allows you to use the “doctor” title (dentist, general practitioner, and vet). In the list of eligible skilled occupations, assessment authorities have been listed against your occupation. The authority will conduct your skills assessment and assess if your qualification compares to the standard of the relevant qualification in Australia.
By the time you are invited to apply for this visa, you must have obtained this qualification. If you hold a Bachelor’s degree or higher qualification from any university outside Australia, and the above-mentioned skill assessment authority did not offer any opinion on your qualification, you can obtain an assessment from the Vocational Educational Training and Assessment Services. Attach this assessment with your visa application to support your claims.
7. Australian study requirement
You must hold at least a degree, trade qualification or diploma from an educational institution in Australia. If it complies with the Australian study requirement, you will be allotted five points for it.
8. Specialist education qualification
If you obtain a Master’s degree by research or a doctorate from an educational institution in Australia, including a minimum of 2 years of academic study in any specified subject (in the field of Science, Technology, Engineering, Mathematics or Information and Computer Technology) you will be eligible for 10 points.
9. Studying in regional Australia
You must hold at least one degree, trade qualification or diploma from an Australian educational institution. The degree must comply with the Australian study requirement and should be obtained from a campus in a designated regional area of Australia. Authorities will not consider studies undertaken by distance education. You are eligible to score five points for it.
10. Professional year in Australia
When you receive the invitation to apply for the visa, if you have completed a professional year in Australia within the 48 months before the invitation, you will earn five points.
The professional year should be in:
- Accounting, Engineering or Engineering and in your nominated occupation or an occupation closely related to it, and should be completed within 12 months.
- The course should have been completed in Australia within four years before you receive the invitation to apply for the visa.
Any of the following organizations should have provided the course:
- CPA Australia
- The Australian Computer Society
- Engineers Australia
- Chartered Accountants Australia and New Zealand
- The Institute of Public Accountants
11. Credentialed Community Language (CCL)
If you hold a recognized qualification in a Credentialed Community Language, you will be eligible for five points.
The qualification must have been accredited at the:
- Paraprofessional level or above, or
- Certified provisional level or above, or
- Have a community language credential for interpretation or translation by the National Accreditation Authority for Translators and Interpreters.
12. Partner Skills requirement.
If you are single or your partner is a permanent resident or citizen of Australia: 10 points
If your spouse or de facto partner is an applicant of the same visa subclass as yours, has competent English and is not an Australian citizen or permanent resident: 5 points.
- If your spouse or de facto partner is an applicant of the same visa subclass as yours, and at the time of receiving the invitation to apply for this Visa fulfills the conditions listed below: 10 points
- Is under 45 years
- Has competent English
- Is not a permanent resident or citizen of Australia
- Had nominated a skilled occupation that is listed on the same “nominated skilled occupation list” as your occupation
- Had obtained a suitable skills assessment from the assessing authority for the nominated skilled occupation stated above. The assessment should not be for subclass 485 visas.
FAQs
1. What is the difference between a 189 vs 190 visa?
The primary difference between the two is that while the 190 visa requires an Australian state or territory nomination; the 189 visa requires an invitation from the Australian Government the same. The skilled nominated visa has some additional eligibility requirements. The visas also differ in the process and frequency of their invitation rounds.
2. What is the processing time for both visas?
Both the 189 visa processing time and the 190 visa processing time depend on the specific case. It depends on whether it is an online or paper application, your response time to requests for further information, the number of spots available in the migration program, etc.
3. What is the process of applying for both these visas?
To apply for a Skilled Independent or a Skilled Nominated Visa Application:
- On SkillSelect, submit an Expression of Interest (EOI).
- Provide all supporting documents with your application that prove your eligibility and claims in the application.
- If you receive an invitation to apply, apply for the visa within 60 days from the invitation date. If you are granted the visa, you will receive a notification. When your visa application review process is pending, you can be within or outside Australia but not in immigration clearance.
- You should keep a copy of the decision of the authorities. If your Visa is approved, you will receive your visa grant number, the date your visa starts and any other applicable conditions. If the visa application is rejected, you will be informed about the reason for rejection and if there is any chance of review of the decision. You will not receive any refund of the application charge in case of rejection.
4. What are the 190 visa conditions after it is granted?
As per the conditions of the 190 visa, you can stay in Australia permanently. After five years from the date of grant of the visa, the travel component of the visa expires. After the travel component expires, you will require a Resident Return Visa (subclass 155 and 157) to return as a permanent resident in Australia.
If your goal is getting permanent residency rights in Australia, the 189 visa Australia and 190 visa Australia are the perfect path for you to achieve the same. All you have to ensure is that all the eligibility criteria are met and that you are on top of the application process.